L&I And Workers’ Compensation Process (2024)

Theare passionate about helping workers with L&I claims and Employment Law issues. We Help Workers®. It’s our motto and what drives us every day.

We know how L&I and big companies think, and we understand the tactics they use. Our Labor and Industries Attorneys use that knowledge coupled with over two decades of experience to help our clients get access to theto which they are legally entitled and hold employers accountable when they break the law.

If you’re struggling with an L&I claim, injury, or legal issue at work, call us for a Free Case Review with an experienced Intake Specialist to learn more about howEmery | Reddymay be able to help you with your claim.

What Is An L&I Claim?

TheWashington Department of Labor and Industries (L&I)is an agency that handles workers’ comp claims (referred to as L&I claims). Some of thebenefitsavailable through L&I include:

• Medical costs
• Lost back wages
• Permanent Partial Disability (PPD) award
• Vocational rehabilitation

The Workers’ Comp Claim Process

Navigating a Labor and Industries claim can be extremely complex and time-consuming. Follow the steps below to ensure that your L&I claim is closed quickly and in your best interests.

L&I Claim Status

If your Labor and Industries claim is approved you will receive a written order from L&I explaining your benefits. You have the right to a variety of to help pay for medical treatment costs and replace lost wages during the recovery period.

Getting Your L&I Benefits

Workers’ compensation benefits will cover your medical bills and treatments. If you are eligible for additional benefits, the Seattle L&I attorneys at Emery | Reddy will help you proceed with seeking wage replacement, return-to-work help, pensions, or disability compensation if necessary — things that the Department of Labor and Industries won’t offer you unless you fight for it. Remember, they will often do as little as they can in order to get you back into the workforce as quickly as possible, even if that means skipping out on treatments that could be necessary to your overall recovery.

Closing An L&I Claim

After you file your,you will follow several steps in order to reach claim closure and, with the help of an, receive the benefits to which you are entitled.

• You will complete anIndependent Medical Exam (IME)from an approved L&I provider stating that you have reached maximum medical improvement (MMI) and that your medical care is complete.
• Your vocational counselor will release you to work.
• L&I will release a written closing order.

An L&I claim closes when an L&I-approved provider certifies the following:

• The worker is at MMI.
• The worker has been released to work.

What If Your Claim Is Denied?

You, your employer, and your doctor all have the right to protest any decision made about your workers’ compensation claim. L&I must receive a written protestwithin 60 calendar daysof the date the decision was received(15 days for decisions about vocational benefits)or the decision will become final.

You may also appeal directly to theBoard of Industrial Insurance Appeals (BIIA). The decision becomes final if your written appeal is not received within the following legal time limits from the date you received the decision:

• 60 days to appeal a claim decision or a payment decision
• 20 days for providers to appeal a billing decision that reduces the amount paid, or demands repayment

Reopen A Claim

If your workplace injury or occupational illness worsens, you and your doctor may apply to reopen your claim. There must be medical evidence from an L&I-approved provider stating that after your claim closed, the condition caused by the original workplace injury worsened and needs more medical attention. The amount of time that you have to reopen your L&I claim depends on the benefits you are seeking:

• Formedical treatment only, you may apply at any time.
• Forboth wage replacement benefits and medical treatment, applywithin 7 yearsof the date your claim was first closed (10 years for eye injuries).
  • If your claim has been closed for more than 7 years, you may apply for medical benefits. However, only the L&I Director may grant additional disability benefits such as wage replacement or disability awards for these claims.

Your L&I Claim Is Worth More If You Also Have An Employment Law Claim

A significant number of often involve additional legal claims such as employment law or third-party claims. Many people file their claims without seeking representation from an and thus never discover that in addition to their L&I claim, they may be missing out on the ability to file an employment law claim or a third-party claim. Pursuing additional legal action with the help of an experienced labor and industries lawyer has the potential to significantly increase a claim’s overall compensation.

What Is An Employment Law Claim?

Many injured workers find that their employer has taken, or plans to take, adverse action against them because they filed an L&I claim or they are out of work. You can file a lawsuit against your employer for several reasons, including retaliation, wrongful termination, disability discrimination, or unpaid wages. An L&I attorney who is experienced in both and employment law can help you with your L&I claim while simultaneously filing a federal or state law claim for the violation of workers’ rights by your employer.

What Is A Third-Party Claim?

A third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your L&I claim with a personal injury claim using the same facts.

Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages.

Who Is At Fault For A Workplace Injury?

L&I is a no-fault system, ensuring compensation for any workplace injury. However, if a third party is involved in causing the injury, you may be able to pursue legal action against them for additional compensation under third-party claims.

How Do I Know If I Have A Strong L&I Claim?

If you have an or wonder if you have an injury case, ask yourself the following:

• Have you been denied the medical care benefits to which you are legally entitled?
• Has L&I asked you to undergo an Independent Medical Exam (IME)?
• Do you have questions about the that you don’t understand?

If any of the above apply to you, Emery | Reddy may be able to help you with your claim.

Navigating an can be difficult and very time-consuming, especially when you’re ill or injured. You want to focus on healing and make sure your bills are paid, but if you don’t file things properly or on time, your health, home, and job could be in jeopardy. Many individuals miss out on much-needed because they don’t understand what to do or how to get the most compensation for their injuries. If you are experiencing any challenges in your case, a labor and industries attorney can assist you. By contacting Emery | Reddy as soon as possible after you’ve been injured, we can help you avoid the common pitfalls of filing an L&I claim. Our are here for you every step of the way.

Emery | Reddy Can Help You With Your L&I Claim

Emery | Reddy is the only law firm in Washington State that is equipped to provide comprehensive representation on your case from every angle. Our Seattle L&I attorneys thoroughly assess every case to determine if our clients have additional claims, and at times this can extend far beyond the underlying workers’ compensation claim.

If you have been injured in the workplacecall Emery | Reddy today to speak with our legal team for a free case review. Please remember to have your L&I claim number readily available.

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Claim Value

To determine the value of your L&I claim you first need to understand the different types of L&I settlements offered in Washington state.

The L&I workers’ compensation process is anything but straightforward. Find out the answers to your L&I workers’ comp questions today.

Self-Insured Employer Claims

Self-insured employers account for one-third of workers’ compensation in Washington State, and they provide benefits directly to injured workers.

Meet The Team

The are passionate about helping workers with L&I claims and employment law issues. We Help Workers®: it’s our motto and it’s what drives us every day.

We know how L&I and big companies think, and we understand the tactics they use. Our labor and industries attorneys use that knowledge coupled with over two decades of experience to help our clients get access to the to which they are legally entitled and hold employers accountable when they break the law.

If you’re struggling with an L&I claim, injury, or legal issue at work, please call us and see how Emery | Reddy can help you today.